Barrister AI
All legislation
NTRule
In force
This is the latest official compilation.Check the official source →
r 15.08

Court to approve compromise, &c.

In force
Chapter 1General Rules
Part 15Person under disability

15.08 Court to approve compromise, &c.

(1) Where a claim is made in proceedings by, on behalf of or against a person under a disability, no compromise, payment of money or acceptance of an offer of compromise under Part 20, whenever entered into or made, is, so far as it relates to the claim, valid without the approval of the Court.

(2) Subject to subrule (3), an application for approval referred to in subrule (1) is to be filed not later than 28 days after the compromise, payment or acceptance is entered into, made or given.

(3) If an application for approval is made at the hearing of proceedings, the Court may dispense with the requirement of subrule (2).

(4) At the hearing of an application for approval, evidence is to be given of:

(a)

the date of the compromise, payment or acceptance;

(b)

the date of birth of the person under a disability; and

(c)

the signature of the litigation guardian.

(5) The compromise, payment or acceptance is to be taken to have been entered into, made or given at the time of approval by the Court.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.